Time (off) to get out the vote

November 2022 employment law letter

Authors:

Benjamin J. Naylor, Snell & Wilmer LLP

With Election Day right around the corner, many employers are getting employee requests for time off to fulfill this most fundamental of civic duties. But what is your obligation when it comes to providing time off? Does the time off have to be paid, and what are the consequences if you deny a request for time off to vote on Election Day? The answers to these questions largely depend on the state in which the employee is located.

Arizona

Employees working in Arizona may be entitled to paid time off to vote on Election Day, depending on their work schedule. State law requires that employees have at least three consecutive hours off to vote, either:

Between the time the polls open and the start of their shift; or
Between the end of their shift and the time the polls close.

For example, if the polls open at 6:00 a.m. on Election Day and an employee’s shift starts at 9:00 a.m., you aren’t required to provide time off to vote because there are at least three consecutive hours between the opening of the polls and the start of the employee’s shift. If the polls are open from 6:00 a.m. to 7:00 p.m., however, and the employee’s shift runs from 8:00 a.m. to 5:00 p.m., you must provide her with one hour off at the beginning or end of her shift to ensure she has a block of three consecutive hours off to vote.

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